In a world where many households contain two working parents, and many fathers have an active role in raising their children, the presumption that mothers will automatically get custody .
In fact, statistics show that fathers who seek primary custody of their children are awarded custody 50% of the time.
The Mississippi Legislature, however, has made an affirmative finding in MCA § 45-33-21, which states, “The Legislature finds that and the protection of the public from these offenders is of paramount concern and interest to the government.” The statement is not dispositive of the issue in and of itself, but it does provide a starting point. If one prongs of the test is removed or missing, the case falls. * * * A child’s resilience and ability to cope with difficult circumstances should not serve to shackle the child to an unhealthy home, especially when a healthier one beckons.” does not mandate that dangerous or illegal behavior be present in order to modify custody, and a chancellor is not required to wait until a child’s safety is in question before removing him or her from an obviously detrimental environment.
In the statutory rape case I had, an expert testified that the danger of a repeat offense was low for that particular crime. The test for modification is like a three-legged stool; if one leg is removed or missing, the stool falls. we further hold that when the environment provided by the custodial parent is found to be adverse to the child’s best interest, and that the circumstances of the non-custodial parent have changed that he or she is able to provide an environment more suitable than that of the custodial parent, the chancellor may modify custody accordingly.” The court in added: “We further hold that where a child living in a custodial environment clearly adverse to the child’s best interest, somehow appears to remain unscarred by his or her surroundings, the chancellor is not precluded from removing the child for placement in a healthier environment.Custody laws are gender neutral, and this means that when the facts of a given case are applied to the governing law, a court may determine that it is in the best interests of the child to live primarily with the father, not the mother.Now, here is a list of the seven most common pitfalls of parties going through custody actions.Easy Online Divorce - Your Divorce Documents Ready for Filing in 1 Hour. Divorce proceedings are very emotional; that is natural and to be expected.